HomeMy WebLinkAbout20170843.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 27, 2017
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration
Building, Greeley, Colorado, March 27, 2017, at the hour of 9:00 a.m.
El ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Amanda Petzold
Controller, Barbara Connolly
El MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of March 22, 2017, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
Ci CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on March 22, 2017, as follows: 1) USR16-0041 - The Bramming Family Trust and
John G. Bramming Trust II, c/o Mary Alice Bramming, Trustee, c/o Hunt Brothers Properties, Inc./Asphalt
Specialties Company, Inc. Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Conway moved to pull item 5) Consider Appeal
Decision of Public Works to Deny Access Permit, AP16-00167 — Heartland Biogas, LLC, to the end of
New Business and renumber subsequent items. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PROCLAMATIONS:
1) 2017 NCMC TOP 50 BEST HOSPITALS - MARCH 27, 2017: Chair Cozad read the certificate
into the record. Ken Schultz, Board Executive to North Colorado Medical Center Inc. (NCMC), and Banner
Health Representatives, Margo Karston, Wendy Sparks, and Tiffany Headenger, each expressed thanks
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for being recognized. The Commissioners congratulated the team, and thanked them for all they do for
the County. (Clerk's Note: Hearing paused for photograph).
• 2) DAYSPRING EAGLES DAY - MARCH 27, 2017: Chair Cozad read the certificate into the record
recognizing the Dayspring Volleyball Team for their 2A State Title. Weston Kurtz, Executive Director of
Dayspring Christian Academy, commented on the team's commitment and dedication. Kirsten Kurtz,
Coach, commented on the team's unity. Kelsey Donaho, center position, expressed how being
undefeated was a great pay off for all their hard work. Two senior players, Brogan and Makayla Bell,
stated that the experience has been unforgettable, and they extended thanks to the Commissioners for
their recognition. Each Commissioner congratulated the team on their accomplishments. (Clerk's Note:
Hearing paused for photograph)
El PUBLIC INPUT: No public input was given.
BIDS:
• 1) APPROVE BID #B1700036, VOCATIONAL ASSESSMENTS AND COUNSELING -
DEPARTMENT OF HUMAN SERVICES (TO BE CONT'D TO 4/3/2017): Trevor Jiricek, Director of
General Services, stated staff requests to move the matter out to April 3, 2017. Commissioner Kirkmeyer
moved to continue said matter until April 3, 2017. The motion was seconded by Commissioner Moreno,
and it carried unanimously.
El 2) APPROVE BID #B1700064, CANOFILE CONVERSION TO APPXTENDER - DEPARTMENT
OF INFORMATION TECHNOLOGY (TO BE CONT'D TO 3/29/2017): Ryan Rose, Director of the
Department of Information Technology, stated staff requests to move this matter to March 29, 2017.
Commissioner Conway moved to continue this to March 29, 2017. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
• 3) APPROVE BID #B1700060, JAIL ELECTRONIC CONTROLS -DESIGN BUILD - DEPARTMENT
OF BUILDINGS AND GROUNDS (TO BE CONT'D TO 4/3/2017): Mr. Jiricek stated staff requests to
continue this matter to April 3, 2017. Commissioner Freeman moved to continue the matter to
April 3, 2017. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
• 4) PRESENT BID #61700067, JAIL KITCHEN REMODEL - DEPARTMENT OF BUILDINGS AND
GROUNDS: Mr. Jiricek stated four (4) bids were received and staff will review and bring back a
recommendation on April 10, 2017.
NEW BUSINESS:
▪ 1) CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION
OF PAY FOR FEBRUARY, 2017, AND AUTHORIZE CHAIR TO SIGN: Deon Harris, Department of
Veterans Services, stated for the month of February the Veterans Office received 598 telephone calls,
402 office visits, and 238 disability claims. Commissioner Kirkmeyer moved to approve said monthly
report and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it
carried unanimously.
1 2) CONSIDER CONTRACT ID #1107 AMENDMENT TO COMMUNICATIONS SYSTEM
AGREEMENT FOR CONSOLE EXPANSION AND AUTHORIZE CHAIR TO SIGN - MOTOROLA
SOLUTIONS, INC.: Mike Wallace, Director of Public Safety Communications, stated the amendment is
for purchase of three (3) radio consoles for the Jail Control Rooms in the amount totaling $150,079.00,
and added Sheriff Reams is in support of the purchase. Commissioner Moreno moved to approve said
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contract amendment and authorize the Chair to sign. The motion was seconded by Commissioner
Conway, and it carried unanimously.
3) CONSIDER CONTRACT ID #1110 SOLE SOURCE PURCHASE AGREEMENT FOR FLEET
RADIO REPLACEMENT - MOTOROLA SOLUTIONS: Mr. Wallace stated this sole source purchase is
to replace portable and mobile radios in all County public safety agencies for the amount of
$1,924,210.27. Mr. Wallace stated the purchase will include a one-year warranty and a discount from
Motorola of 47% as a result of negotiations. The motion, which was made by Commissioner Kirkmeyer,
and seconded by Commissioner Conway, carried unanimously.
4) CONSIDER CONTRACT ID #1093 CHANGE ORDER #1 FOR WATTENBERG WATER
SYSTEM IMPROVEMENTS PROJECT (BID #1600134) - INTEGRATED WATER SERVICES, INC.:
Elizabeth Relford, Department of Public Works, asked to increase the contract price by $3,800.00,
making the new contract total $441,900.00. Ms. Relford also requested to extend the contract date from
March 31, 2017 to May 31, 2017. Commissioner Kirkmeyer commented that people of the community
have been grateful to Ms. Relford for her efforts and commitment. The motion to approve said change
order, which was made by Commissioner Kirkmeyer, and seconded by Commissioner Moreno, carried
unanimously.
El 5) CONSIDER PURCHASE AND SALE AGREEMENT FOR HOKESTRA PIT AND AUTHORIZE
CHAIR TO SIGN - CENTRAL COLORADO WATER CONSERVANCY DISTRICT: Bruce Barker, County
Attorney, stated the details outlined will also apply to items 6), 7), 8), and 9). He stated this item (Item 5)
is the agreement itself, which transfers ownership of the Hokestra Pit, and the water storage vessels, to
the Central Colorado Water Conservancy District. Clay Kimmi, Department of Public Works, stated the
agreement is for the estimated amount of $3.2 million. Mr. Kimmi outlined the details of the contract
stating the term is twenty (20) years, at a 3% interest rate each year. Mr. Barker stated there will be an
augmentation of about 150 feet of storage space at Hokestra, and 3.75 shares of the rural ditch that will
be transferred to Central to help them manage the augmentation for the County. Mr. Barker stated there
is a trail that is an exculsion agreement, which requires the County to put up a fence, a gate, and crossings
for proper maintenance of the trail. Mr. Barker explained that this trail was previously funded by the
Colorado Department of Local Affairs (DOLA). He stated 1,083.49 acre feet of storage is promised to
Central when the mining is completed; however, if the acreage is less, the credit will be provided on a
per acre-foot basis. Mr. Barker also stated Central will have three (3) access points once mining is
complete. He further outlined the agreements as a right-of-way agreement, which is actually the trail
agreement, and a shares case that will allow for the augmentation and include change-overs for the
Bearson Pit. Mr. Kimmi stated the Bearson Pit will have a simplified water rights process through the
Class C contract, which will make Central responsible for all waterways back to the river in the winter
time. Additionally, this makes Central responsible for all accounting of the depletions for the augmentation
plan, as it pertains to the Bearson Pit. Mr. Kimmi stated the Koenig Pit is also another Class C contract
which is for twenty (20) acre feet of water supply and storage for the Koenig Pit. He stated that the County
will have a pump station to use for construction and dust suppression, which satisfies the need of the
County for water. He stated this will save costs for the County since the County will no longer have to
truck in water. Mr. Kimmi stated that the 3.75 shares is all the shares that the County owns, which are
allocated towards the augmentation of the Slavic Ponds. Mr. Barker stated that the process of the court
case amendment is about to commence and will include the changes stated. Mr. Barker advised that
Bradley Grasmick will be processing the case, and both the Bearson and Koenig Pits and 3.75 shares
will all be included in one case. Mr. Barker expects to have a quick turn -around with an estimated
time -frame of about 3-4 months. Commissioner Moreno moved to approve said purchase and sale
agreement for Hokestra Pit and authorize the Chair to sign. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
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IR 6) CONSIDER AGREEMENT FOR ASSIGNMENT OF WATER SHARES AND AUTHORIZE
CHAIR TO SIGN - CENTRAL COLORADO WATER CONSERVANCY DISTRICT: Commissioner
Kirkmeyer moved to approve said agreement for assignment of water shares and authorize Chair to sign.
The motion, which was seconded by Commissioner Conway carried unanimously.
7) CONSIDER MINING LEASE FOR HOKESTRA PROPERTY AND AUTHORIZE CHAIR TO SIGN
- CENTRAL COLORADO WATER CONSERVANCY DISTRICT: Commissioner Freeman moved to
approve said mining lease and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
S 8) CONSIDER RIGHT-OF-WAY OPERATIONS AGREEMENT FOR HOKESTRA PIT AND
AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO WATER CONSERVANCY DISTRICT:
Commissioner Conway moved to approve said right-of-way agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously.
El 9) CONSIDER AGREEMENT FOR USE OF WATER STORED IN KOENIG RESERVOIR AND
AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO WATER CONSERVANCY DISTRICT:
Commissioner Kirkmeyer moved to approve said agreement for use of water and authorize the Chair to
sign. Commissioner Conway seconded the motion, and it carried unanimously. Chair Cozad extended
thanks to all the departments and individuals who worked to keep water and agriculture in the County.
10) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
- SYNERGY RESOURCES CORPORATION: Esther Gesick, Clerk to the Board, stated the small tract
of .09 acres, is a total of $108.00, which was acquired through a 1955 Deed. Ms. Gesick stated the track
is located along Highway 392 near the Cache Poudre Canal, and staff recommends approval.
Commissioner Freeman moved to waive said bid procedure, accept offer to lease, and authorize the
Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
El 11) SECOND READING OF CODE ORDINANCE #2017-02, IN THE MATTER OF REPEALING
AND REENACTING WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE - WELD COUNTY MINERAL LEASING POLICY: Ms. Gesick stated since second reading, at the
request of Commissioner Kirkmeyer, she reached out to Troy Swain, Local Government Designee (LGD),
and the Martindale Auditing Firm as points of contact for reseach of comparable royalty rates. She stated
Troy Swain advised that he reached out to Steve Freeze, Mineral Field Tech with the Colorado State
Land Board, and was advised that since May, 2016, the State Land Board made an increase from 16.7%
(with a 1/6 royalty interest) up to 20% with a rate of $2.50 per acre, and do not include a bonus. Mr. Swain
also reached out to the Colorado Oil and Gas Conservation Commission (COGCC), who stated if there
is a challenge by a mineral owner, operators don't generally argue this. Lastly, Mr. Swain reached out to
Kerby Wynn, LGD in Garfield County, and the Lease Coordinator, Mary Stevens, stated Garfield County
only had a couple leases last year with a 20% royalty, and $775.00 per acre bonus. Ms. Gesick stated
Todd Attalla, Martindale Auditing Firm, reported Federal royalties are 16.7% off -shore or 12.5% on -shore.
She stated Mr. Attalla speculated that an operator would go for acreage with a lower royalty burden, over
the higher rate. Ms. Gesick stated many are in support of 20-25%, and stated it is at the discretion of
Board with how to proceed. No public input was provided. The motion to read by title only was made by
Commissioner Kirkmeyer and seconded by Commissioner Conway, which carried unanimously.
Mr. Barker read the title for the record. Commissioner Kirkmeyer questioned the "at least" verbage in the
Code, and Mr. Barker stated technically the Board could increase the rate at any point by separate
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resolution. Ms. Gesick stated that it is up to the Commissioners, but if that were a desire to change the
percentage, then the County would need to advertise of the new rate prior to the bidding process.
Commissioner Kirkmeyer moved to approve Code Ordinance #2017-02 on second reading, which was
seconded by Commissioner Conway, and carried unanimously.
12) CONSIDER APPEAL DECISION OF PUBLIC WORKS TO DENY ACCESS PERMIT, AP16-
00167 - HEARTLAND BIOGAS, LLC: Janet Lundquist, Department of Public Works, stated staff
recommends denial of the access permit request for permanent use or an extension based on five
reasons: 1) Upon completion of CR 49 Corridor Project, this will provide an additional access point to the
Heartland parcel; 2) The closure of Access W-44 was identified in the CR 49 Access Control Plan; 3) The
most recent Access Permit AP16-00167 for the Heartland parcel identified the closure of the access
point; 4) The existing access would not meet spacing criteria from an access on the east side of CR 49;
and 5) There is not adequate sight distance based on the speed limit on CR 49. She stated the applicant
submitted a letter identifying their hardship. William Garcia, with Coan, Payton and Payne, LLC, stated
the reason for the request is due to the additional parts on the property which need to be moved through
this access, and there is not a need to put in a new road for a non -operative facility. He stated the
improvements agreement payments of $735,630.00, has been paid by Heartland to the County, and the
road will be built if the facility reopens prior to the operation of the facility. Ms. Lundquist advised the
County had credited the applicant $128,000.00 for the construction of the CR 40 access road, and the
vehicle count is 5,293 vehicles, with 36% truck traffic in the area. She clarified the fact that the original
terms of the negotiating agreement was set at $1 million, and the County agreed to drop down to the
$735,630.00, with the requirement of the completion of the internal roadway on CR 40. Mr. Garcia stated
the facilitiy's USR is in suspension mode, there is no more energy being produced, 500 cubic yards of
compost items need to be moved, and the USR permit was transferred to Heartland Biogas, LLC, at the
time of purchase of the facility. Ms. Lundquist stated improvements on CR 40 will be completed by the
end of Spring construction, and the temporary access will stay open until the completion of the Corridor
project. She stated the County is currently three (3) to four (4) miles away on paving from the access
point. a Mr. Kimmi stated the Corridor project is already designed with Heartland improvements, and
if Heartland does not complete these improvements, a redesign will be required to account for the sight
safety issues. Commissioner Kirkmeyer clarified that the temporary access will go away with the
completed design, and if it remains, then the design changes will cause additional cost to the County.
Commissioner Kirkmeyer moved to uphold the decision of Public Works to deny the permanent or
extended use of the access on CR 49. Commissioner Moreno seconded the motion, and it carried
unanimously.
RESOLUTIONS AND ORDINANCES: Code Ordinance #2017-02 was approved on Second Reading.
Let the minutes reflect that the above and actions were attested to and respectfully submitted by the
Clerk to the Board.
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There being no further business, this meeting was adjourned at 10:43 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dcAtA4,1) j `' ,(„k
Weld County Clerk to the Board
BY: c •
uty Clerk to the Board
u ie A. Cozad, Chair
Steve Moreno, Pro-Tem
5 rT,
Sean P. Conway
Tfreem Mikean
itrig.-
arbara Kirkm er
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